Opinion
Record No. 210318
04-07-2022
Lisa J. WILLS, Appellant, v. W. Neil WILLS, Appellee.
Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is no reversible error in the judgment of the Court of Appeals. Accordingly, the Court affirms the judgment of the Court of Appeals for the reasons stated in Wills v. Wills , 72 Va. App. 743, 853 S.E.2d 536 (2021).
In affirming the decision of the Court of Appeals as to the second assignment of error, the Court notes that the trial court's award of prejudgment interest was based on its erroneous application of Code §§ 20-60.3(14) and -78.2. Therefore, the Court's affirmance of the Court of Appeals’ decision is limited to its determination that retroactive child support is not synonymous with an "arrearage" requiring an award of prejudgment interest under Code § 20-78.2. The Court takes no position regarding whether prejudgment interest could be awarded as part of a retroactive child support award under Code § 8.01-382.
This order shall be published in the Virginia Reports and certified to the Court of Appeals of Virginia and the Circuit Court of Arlington County.